Fire Safety Act 1993 · 2020 Revised Edition · Part 5 · Regulated Fire Safety Products
74. Commissioner may give directions in relation to certificates of conformity
Feedback & supportLast amended by an amending law of 2019.
The Commissioner may, by written notice to the accredited certification body that issued a certificate of conformity for a regulated fire safety product, direct the accredited certification body to cancel the certificate, within the time specified in the written notice if —
Commissioner
“Commissioner” means the Commissioner of Civil Defence appointed under section 6 of the Civil Defence Act 1986;
the accredited certification body contravenes section 69(2) or (3); or
the person to whom the certificate of conformity is issued refuses or fails to comply with a requirement under section 72(1) in respect of the regulated fire safety product or a sample of the regulated fire safety product.
The Commissioner may, by written notice to an accredited certification body, direct the accredited certification body not to issue any certificate of conformity to a person for the period specified in the written notice if the Commissioner has reason to believe that the person has contravened section 70(1) or (2).
accredited certification body
“accredited certification body” means a person accredited under the Singapore Accreditation Council’s Certification Body Accreditation Scheme administered by the Enterprise Singapore Board;
The Minister may prescribe that a regulated fire safety product is a non‑compliant fire safety product if the accredited certification body that issued the certificate of conformity in respect of the regulated fire safety product refuses or fails to comply with a direction under subsection (1) or (2) in respect of that certificate.
regulated fire safety product
“regulated fire safety product” means any material or product prescribed under section 113(1) to be such;
The Commissioner must, before making the direction under subsection (1)(b), give the person to whom the certificate of conformity is issued —
certificate of conformity
“certificate of conformity”, in relation to a regulated fire safety product, means a certificate issued by an accredited certification body as to the compliance of the regulated fire safety product with the applicable standard for the regulated fire safety product;
written notice of the Commissioner’s intention to make the direction; and
an opportunity to submit reasons, within 14 days after the notice is given, as to why the direction should not be made.
The Commissioner must, before making the direction under subsection (2), give the person in respect of which the direction applies —
written notice of the Commissioner’s intention to make the direction; and
an opportunity to submit reasons, within 14 days after the notice is given, as to why the direction should not be made.
Despite subsections (4) and (5), the Commissioner may specify a time, being less than 14 days after the date of the written notice mentioned in subsection (4) or (5) (as the case may be) if the Commissioner is of the opinion that it is in the public interest for the direction to be made as soon as possible.
The Commissioner may, at any time, cancel a direction given under subsection (2).
Any accredited certification body that, without reasonable excuse, refuses or fails to comply with the Commissioner’s direction under subsection (1) or (2) shall be guilty of an offence and shall be liable on conviction —
to a fine not exceeding $10,000 or to imprisonment for a term not exceeding 6 months or to both; and
in the case of a continuing refusal or failure to comply, to an additional fine not exceeding $1,000 for each day or part of a day the refusal or failure continues.
Any person who is aggrieved by any direction of the Commissioner under subsection (1) or (2) may, within 14 days after being notified of the direction, appeal to the Minister.
A direction of the Commissioner under subsection (1) or (2) takes effect despite an appeal against that decision being made to the Minister.[33B